I'S- 

V 

I 


(Reprinted  by  National  Committee  for  Constructive  Immigration  Legislation] 


66th  lONGRESS, 
2nd  Session. 


H.  R.  14196. 


IN  THE  HOUSE  OE  REPRESENTATIVES 


May  22,  1920. 


I 


Mr.  Weltv  introduced  the  following  bill;  which  was  referred  to  the 
Committee  on  Immigration  and  Naturalization  and  ordered  to  be  printed. 


A BILL 

To  amend  the  Acts  of  February  5,  1917;  June  29,  1906;  February  18, 
1875 ; and  IMay  6,*  1882,  creating  an  Immigration  Board,  providing 
for  the  regulation  of  immigration,  raising  the  standards  of  natural- 
ization, extending  its  privileges  to  all  who  qualify,  and  for  other 
purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  section  1 of  the 
Act  of  February  5.  1917,  “regulating  immigration  of  aliens  to  and 
residence  of  aliens  in  the  United  States,”  is  amended  by  adding  at  the 
end  thereof  the  following: 

"The  word  ‘immigrant’  includes  any  alien  entering  the  United  States 
not  a ‘transient.’ 

“The  word  ‘transient’  shall  be  construed  to  include  aliens  of  the 
‘status  or  occupations’  specified  in  section  lb  (3)  who  enters  the  United 
States  for  limited  periods. 

“The  word  ‘board’  means  the  Immigration  Board  created  by  this 


.-\ct. 


“The  term  ‘ ethnic  group  ’ shall  in  each  case  be  construed  by  the 
commission  as  provided  for  in  section  la  (2).” 

Section  la.  Ax  immigration  board. — (1)  That  an  Immigration 
Board  is  hereby  created  consisting  ex  officio  of  the  Secretaries  of  State, 
Labor,  Commerce,  Agriculture,  and  Interior,  and  a sixth  member  ap- 
pointed by  the  President  and  confirmed  by  the  Senate  who  shall  hold  his 
office  for  a term  of  four  years  or  until  his  successor  is  appointed  and 
qualified.  The  presidential  appointee  shall  be  chairman  of  the  board  and 
shall  receive,  when  engaged  on  official  duty,  $40  per  diem,  with  actual 
expenses  of  travel  and  $6  per  day  in  lieu  of  subsistence  when  absent 
from  home  on  official  duty.  The  chairman  of  the  board  shall  have 
power  to  employ  a permanent  secretary  at  a salary  of  $5,000  per  annum 
and  such  other  employees  as  the  board  may  authorize,  and  to  prescribe 
the  salary  of  each. 

(2)  The  board  shall  in  each  case  define  and  interpret  the  term 
“ ethnic  group,”  taking  into  consideration  questions  of  race,  mother- 
tongue  affiliation,  nationality,  and  such  other  relationships  as  tend  to 
constitute  group  unity. 

(3)  The  board  shall,  as  soon  as  practicable  institute  a comprehen- 
sive inquiry  into  policies  and  methods  of  distribution  of  immigration, 
shall  publish  the  results  of  the  investigation  in  full,  not  later  than  two 
years  from  the  beginning  of  the  inquiry,  and  shall  carry  on  all  further 
work  necessary  to  bring  the  approved  results  of  the  investigation  effect- 
ively before  the  public. 

(4')  The  board  shall  make  such  rules  ahd  regulations  regarding 
the  admission  of  immigrants  as  shall  enable  it  fully  to  enforce  the  pro- 
visions of  the  immigration  laws ; and  also  the  necessary  rules  and  regula- 
tions in  regard  to  passports,  certificates,  and  declarations  required  by 
this  Act,  including  such  matters  as  certificates  of  official  status,  court 
records,  receipt  of  charity  funds,  or  other  facts  deemed  necessary  by 
the  board. 

(5)  The  board  shall  invite  the  secretaries  of  each  of  the  States 
to  report  in  January  of  each  year  in  regard  to — 

(a)  The  amount  of  unemployement  prevailing  in  the  State  the  pre- 
vious year  as  shown  by  the  best  available  statistics  of  employment  bureaus 
and  other  reliable  evidence ; 

(b)  The  kinds  of  industries  and  occupations  in  which  shortage  of 
labor  existed  in  said  year ; and 

(c)  The  kind  of  immigration  especially  desired  in  that  State,  if 
authorized  thereto  by  vote  of  the  State  legislature. 

16)  The  chairman  of  the  board  shall  in  February  of  each  year 
present  to  the  board  a printed  report  showing: 

la)  The  number  of  alien  immigrants  of  any  given  ethnic  group 
admitted  to  continental  United  States  during  the  next  preceding  fiscal 
year,  and.  so  far  as  the  figures  are  available,  the  total  number  so  admitted 
of  each  .such  group  in  each  year  since  1900; 

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(b)  The  number,  originally  belonging  to  such  ethnic  group,  who 
have  been  naturalized  and  were  residing  in  continental  United  States 
as  shown  by  the  last  available  United  States  census ; 

(c)  The  number  of  American-born  children  whose  foreign-born 
father  or  mother  belong  to  any  such  ethnic  group,  and  which  children 
are  residing  in  continental  United  States  as  shown  by  the  last  available 
United  States  census ; 

fd)  The  amount  of  unemployed  and  also  of  labor  shortage  during 
the  j)receding  year,  as  reported  by  the  secretaries  of  the  different  States ; 
and 

fe)  The  officially  expressed  desire  of  each  State  for  specific  kinds 
of  immigration. 

(7)  The  chairman  of  the  board  shall,  upon  complaint  of  any 
citizen  or  association,  investigate  the  management  of  immigration  stations 
at  ports  of  entry.  The  Secretary  of  Labor  shall,  upon  the  report  of  the 
chairman  of  the  board,  take  steps  to  correct  any  abuses  or  neglect  of  duty. 

(81  The  chairman  of  the  board  shall  prepare  a brief  and  simple 
statement  of  the  rights  and  duties  of  aliens  residing  in  the  United  States, 
which  shall  be  printed  both  in  English  and  in  the  various  languages  of 
aliens  entering  the  United  States,  a copy  of  which  statement  in  his  lan- 
guage shall  be  given  at  the  time  of  making  the  pledge  of  obedience  to  each 
alien  over  sixteen  years  of  age,  as  provided  in  section  Id  (1). 

(9)  The  chairman  of  the  board  shall  prepare  or  have  prepared  a 
textbook  on  “.American  citizenship”  for  the  use  of  aliens  seeking  to 
qualify  themselves  for  naturalization.  It  shall  be  simple  in  stvle,  attract- 
ive in  form,  shall  not  exceed  forty  thousand  words,  and  shall  contain 
what  every  alien  desiring  to  become  a citizen  shall  be  required  to  know 
concerning  the  hi.story  of  the  .American  people;  the  principles,  ideals,  and 
methods  of  the  Government  of  the  United  States : the  rights  and  duties 
of  citizens  and  the  principles  and  requirements  of  personal  and  public 
hygiene.  This  textbook,  when  authorized  by  the  board,  shall  serve  as 
the  basis  upon  which  the  courts  granting  papers  of  naturalization  shall 
judge  of  the  intellectual  qualifications  of  applicants  for  citizenship. 

Sec.  lb.  .Admission  of  tr.ansients. — (1)  That  aliens  entering 
the  United  States  as  transients,  excepting  accredited  representatives  and 
officials  of  foreign  Governments,  shall  present  proper  passports  stating 
among  other  things,  the  purpose  of  the  visit  and  the  expected  length  of 
that  visit,  not  to  exceed  three  years.  The  passports  of  students  may 
specify  six  years  as  the  period.  .Aliens  pos.sessing  such  passports  who 
desire  to  extend  the  period  of  residence  in  the  United  States  may  secure 
permission  for  such  extension  from  the  Commissioner  General  of  Im- 
migration. The  re.gulations  providing  for  such  extension  shall  be  prepared 
by  the  board. 

(2)  .Anv  alien  entering-  as  a transient  who  remains  in  the  United 
States  beyond  the  period  specified  in  his  passport  without  securing  from 
the  Commissioner  General  of  Immigration  permission  for  the  extension 


of  the  period  of  his  visit  shall  be  taken  into  custody  and  deported  accord- 
ing to  the  provisions  of  sections  19,  20,  and  21  of  the  Act  of  February 
5,  1917. 

(3)  Aliens  permitted  to  enter  the  United  States  as  transients  must 
be  persons  of  the  following  status  or  occupations : 

Government  officers,  ministers  or  religious  teachers,  missionaries, 
lawyers,  physicians,  chemists,  civil  engineers,  teachers  or  other  profes- 
sional persons,  students  provided  with  their  own  funds  or  guaranteed 
support  by  their  own  Governments  or  by  institutions  or  friends  in  the 
United  States,  authors,  artists,  merchants,  and  travelers  for  curiosity, 
health,  or  pleasure,  their  legal  wives  or  their  children  under  sixteen  years 
of  age,  or  their  personal  and  domestic  servants  who  shall  accompany  them 
or  who  subsequently  may  apply  for  admission  to  the  United  States ; but 
such  persons  with  their  legal  wives  and  foreign-born  children  and  servants 
v.ffio  fail  to  maintain  in  the  United  States  the  specified  status  or  occupa- 
tion shall  be  deemed  to  be  in  the  United  States  contrary  to  law.  and 
shall  be  subject  to  deportation  as  provided  in  sections  19,  20.  and  21  of 
the  Act  of  February  5,  1917. 

(4j  Alien  students  who  are  admitted  as  transients  shall  not  be 
l egarded  as  having  lost  that  status  by  reason  of  having  secured  temporarily 
some  gainful  occupation  on  condition  that  they  maintain  regular  attend- 
ance in  high  school,  college,  or  university,  the  nature  of  the  schools  to 
be  specifically  defined  and  the  requisite  regulations  to  be  prescribed  by 
the  board. 

Section  Ic.  The  .admission  of  immigrants. — (1)  That  in  April 
of  each  year  the  board  shall  determine  the  maximum  number  of  aliens 
of  each  ethnic  group  to  be  admitted  as  immigrants  to  the  United  States 
during  the  fiscal  year  next  following.  Such  determination  shall  be  based 
on  the  report  of  the  chairman  of  the  board  provided  for  in  section  la 
f6)  and  shall  have  regard  to — 

(a)  The  demonstrated  assimilability  of  each  ethnic  group; 
fb)  The  maintenance  of  .A.merican  standards  of  living  and  wages; 
(c)  The  amount  of  unemployment  and  labor  shortage  in  the  United 
States ; 

(d')  The  general  labor  and  economic  conditions  in  the  different 
parts  of  the  United  States ; whether  among  industrial,  agricultural,  domes- 
tic, or  other  workers  ; and 

fe')  The  adaptability  of  each  particular  group  to  fulfill  the  re  juire- 
ments  and  to  meet  the  needs. 

(2)  The  board  shall  in  no  case  set  the  number  of  admissible  im- 
migrants from  any  single  ethnic  eroup  above  10  per  centum  of  a basic 
figure  composed  of  those  of  thai  eroun  in  the  United  States  who  were — 
fa)  .\merican-born  citizens  whose  foreign-born  father  or  mother 
belong  to  such  ethnic  group  and  which  children  were  residing  in  con- 
tinental United  States  as  shown  by  the  last  available  I^ni*-ed  States 
census;  and 


(b)  ^Naturalized  citizens  who  were  residing  in  continental  United 
States  as  shown  by  the  last  available  census. 

(3)  An  alien  of  any  given  ethnic  group  returning  from  a visit 
abroad,  who,  before  leaving  for  such  visit,  had  declared  his  intention 
of  becoming  a citizen  of  the  United  States,  shall  be  readmitted  to  the 
United  States  without  reference  to  the  amount  of  permissible  immigra- 
tion of  said  ethnic  group  as  determined  by  the  board. 

The  Commissioner  General  of  Immigration  shall  promptly  send 
to  the  American  consuls  and  also  the  transportation  agencies  in  American 
ports  which  commonly  bring  aliens  to  the  United  States,  the  determina- 
lion  of  the  board  as  to  the  maximum  permissible  immigration  for  the 
various  ethnic  groups  for  the  ensuing  fiscal  year,  and  shall  make  suitable 
arrangements  for  their  publication  both  in  American  and  foreign  ports. 
He  shall  also  publish  a monthly  statement  throughout  the  ensuing  fiscal 
year  showing  the  maximum  number  as  established  by  such  determination 
by  the  board,  of  aliens  of  each  ethnic  group  who  may  be  so  admitted  to  the 
United  States  during  the  current  fiscal  year,  together  with  the  number  of 
aliens  of  each  such  ethnic  group  already  so  admitted  during  that  year 
and  shall  send  such  reports  promptly  to  the  American  consuls  in  all  ports 
from  which  aliens  commonly  sail  for  the  United  States.  When  75  per 
centum  of  such  maximum  number  of  aliens  of  any  ethnic  group  have 
been  so  admitted  for  the  current  fiscal  year,  a similar  statement  with 
respect  to  the  aliens  of  such  ethnic  group  shall  be  issued  weekly  thereafter. 

(5)  In  case  of  the  arrival  of  immigrants  of  any  given  group  at 
a port  of  entry  after  the  permissible  number  of  immigrants  of  such  group 
has  been  admitted,  they  shall  be  refused  admission,  but  the  father  or 
grandfather,  over  fifty-five  years  of  age,  the  wife,  mother,  grandmother, 
unmarried  or  widowed  daughter,  or  son  not  over  sixteen  years  of  age, 
-ent  for  by  any  member  of  such  group  lawfully  a resident  in  the  United 
States,  shall  nevertheless  be  admitted.  Such  admissions  shall  be  made 
the  first  charge  on  the  permissible  immigration  of  such  ethnic  group  for 
the  year  next  following. 

(6)  The  board  may  increase  at  any  time  the  maximum  immigration 
permitted  to  any  given  ethnic  group,  but  a notice  of  not  less  than  three 
months  must  be  given  of  a proposed  decrease  to  be  enforced  during  any 
current  fi.scal  year,  and  shall  make  such  regulations  as  may  be  deemed 
necessarv  to  prevent  conge.stion  of  immigration  at  any  period  of  the  fiscal 
year,  to  avoid  inconvenience  to  the  transportation  companies,  and  to 
avoid  hardships  to  the  immigrants,  because  of  the  provisions  of  this  Act. 

(7)  Transportation  agencies  bringing  alien  immigrants  who  arrive 
after  the  permissible  immigration  of  such  aliens  has  been  exhausted  shall 
carrv  such  alien';  back  to  the  port  of  debarkation  free  of  charge.  The 
.Secretary  of  T^abor  shall  prepare  and  authorize  the  rules,  regulations,  and 
penalties  for  the  enforcement  of  this  provision. 

t8)  The  Secretary  of  Labor  shall  be  the  final  judge  as  to  the  facts 


5 


in  the  application  of  this  Act  in  all  cases  of  doubt  afifecting  the  admission 
of  individual  immigrants. 

Section  Id.  Pledge  of  Obedience. — (1  ) That  every  adult  alien 
entering  the  United  States,  excepting  accredited  officials  of  foreign  Gov- 
ernments, shall  be  required  to  file  with  the  immigration  officials  at  the  port 
of  entry  a sworn  statement  printed  both  in  English  and  in  the  language 
of  the  alien,  pledging  obedience  to  the  laws  of  the  United  States  and  of 
the  States  in  which  he  may  reside.  The  form  of  such  statement  shall  be 
prescribed  by  the  chairman  of  the  board. 

( 2 ) Every  adult  alien  except  transients,  upon  admittance  to  the 
United  States,  shall  in  such  pledge  or  agreement  declare  the  intention  of 
learning  the  English  language  and  of  becoming  acquainted  with  the 
methods  of  this  Government  and  with  the  ideals  and  institutions  of  this 
country.  A duplicate  of  this  pledge  shall  be  given  to  the  declarant. 

(3)  .Such  pledge  or  agreement  shall  be  printed  upon  the  back  of 
the  transportation  ticket  issued  to  every  alien  immigrant,  and  a penalty 
of  $100  shall  be  incurred  by  and  collected  from  any  transportation  com- 
pany or  individual  engaged  in  the  business  of  transporting  aliens  to  or 
within  the  United  States  which  shall  violate  this  regulation  after  actual 
notice  thereof  from  the  Commissioner  General  of  Immigration. 

.Sec.  2.  That  the  first  paragrajih  of  .section  3 of  the  Act  of  Eebruary 
5,  1017,  is  amended  to  read  as  follows: 

“Sec.  3.  That  the  following  classes  of  aliens  shall  be  excluded  from 
admission  into  the  United  .States : All  idiots,  imbeciles,  feeble-minded 
persons,  epileptics,  insane  persons ; persons  who  have  had  one  or  more 
attacks  of  insanity  at  any  time  previously;  persons  of  constitutional 
psychopathic  inferiority ; persons  with  chronic  alcoholism ; paupers : 
professional  beggars;  professional  or  habitual  gamblers;  vagrants; 
persons  afflicted  with  tuberculosis  in  any  form  or  with  a loathsome  or 
dangerous  contagious  disease ; persons  not  comprehended  within  any  of 
the  foregoing  excluded  classes  who  are  found  to  be  and  are  certified  b\ 
the  examining  surgeon  as  being  mentally  or  physically  defective,  such 
physical  defect  being  of  a nature  which  may  affect  the  ability  of  such 
alien  to  earn  a living;  persons  who  have  been  convicted  of  or  admit  having 
committed  a felony  or  other  crime  or  misdemeanor  involving  moral 
turpitude : polygamists,  or  persons  who  practice  polygamy  or  believe  in 
or  advocate  the  practice  of  polygamy ; anarchists,  or  persons  who  believe 
in  or  advocate  the  overthrow  by  force  or  violence  of  the  Government  of 
the  United  States,  or  of  all  forms  of  law,  or  who  disbelieve  in  or  are 
opposed  to  organized  government,  or  who  advocate  the  as.sassination  of 
public  officials,  or  who  advocate  or  teach  the  unlawful  destruction  of 
property ; persons  who  are  members  of  or  affiliated  with  any  organization 
entertaining  and  teaching  disbelief  in  or  opposition  to  organized  govern- 
ment, or  who  advocate  or  teach  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers,  either  of  specific 


6 


individuals  or  of  officers  generally,  of  the  Government  of  the  United 
States  or  of  any  other  organized  government,  because  of  his  or  their 
official  character,  or  who  advocate  or  teach  the  unlawful  destruction  of 
property,  prostitutes,  or  persons  coming  into  the  United  States  for  the 
purpose  of  prostitution  or  of  any  other  immoral  purpose;  persons  who 
directly  or  indirectly  procure  or  attempt  to  procure  or  import  prostitutes 
or  persons  for  the  purpose  of  prostitution  or  of  any  other  immoral  purpose ; 
persons  who  are  supported  by  or  receive  in  whole  or  in  part  the  proceeds 
of  prostitution  ; persons  hereinafter  called  contract  laborers  who  have  been 
induced,  assisted,  encouraged,  or  solicited  to  migrate  to  this  country* by 
offers  or  promises  of  employment,  whether  such  offers  or  promises  are 
true  or  false,  or  in  consequence  of  agreements,  oral,  written  or  printed, 
expressed  or  implied,  to  perform  labor  in  this  country  of  any  kind, 
skilled  or  unskilled ; persons  who  have  come  in  consequence  of  advertise- 
ments for  laborers,  printed,  published,  or  distributed  in  a foreign  country ; 
j>ersons  likely  to  become  a public  charge ; persons  who  have  been  deported 
under  any  of  the  provisions  of  this  Act,  and  who  may  again  seek  admis- 
sion within  one  year  from  the  date  of  such  deportation,  unless  prior  to 
their  reembarkation  at  a foreign  port  or  their  attempts  to  be  admitted  from 
foreign  contiguous  territory  the  Secretary  of  Labor  shall  have  consented 
to  their  reapplying  for  admission ; persons  whose  tickets  or  passage  is 
paid  for  with  the  money  of  another,  or  who  are  assisted  by  others  to 
come,  unless  it  is  affirmatively  and  satisfactorily  shown  that  such  persons 
do  not  belong  to  one  of  the  foregoing  excluded  classes ; persons  whose 
ticket  or  passage  is  paid  for  by  any  corporation,  association,  society, 
municipality,  or  foreign  Government,  either  directly  or  indirectly ; stow- 
aways, except  that  any  such  stowaway,  if  otherwise  admissible,  may  be 
admitted  in  the  discretion  of  the  Secretary  of  Labor ; all  children  under 
sixteen  years  of  age.  unaccompanied  by  or  not  coming  to  one  or  both 
of  their  parents,  except  that  any  such  children  may,  in  the  discretion 
of  the  Secretarv  of  Labor,  be  admitted  if  in  his  opinion  they  are  not  likely 
to  become  a public  charge  and  are  otherwise  eligible.” 

Sec.  3.  That  section  9 of  the  Act  of  February  5,  1917,  be  amended 
so  that  said  section  shall  read  as  follows : 

“Sec.  9.  That  it  shall  be  unlawful  for  any  person,  including  any 
transportation  company  other  than  railway  lines  entering  the  United 
States  from  foreign  contiguous  territory,  or  the  owner,  master,  agent,  or 
consignee  of  any  vessel  to  bring  to  the  United  States  either  from  a foreign 
country  or  anv  insular  possession  of  the  United  States  any  alien  afflicted 
with  idiocy,  insanity,  imbecility,  feeble-mindedness,  epilepsy,  constitutional 
psychopathic  inferiority,  chronic  alcoholism,  tuberculosis  in  any  form, 
or  a loathsome  or  dangerous  contagious  disease,  and  if  it  shall  appear  to 
the  satisfaction  of  the  Secretary  of  Labor  that  any  alien  so  brought  to 
the  United  States  was  afflicted  with  any  of  the  said  diseases  or  disabilities 
at  the  time  of  foreign  embarkation,  and  that  the  existence  of  such  disease 
or  disabilitv  might  have  been  detected  by  means  of  a competent  medical 
examination  at  such  time,  such  person  or  transportation  company,  or  the 


7 


nia.ster,  agent,  uwner,  or  consignee  of  any  such  vessel  shall  pay  to  the 
collector  of  customs  of  the  customs  district  in  which  the  port  of  arrival 
IS  located  the  sum  of  $200,  and  in  addition  a sum  equal  to  that  paid  by 
such  alien  for  his  transportation  from  the  initial  point  of  departure, 
indicated  in  his  ticket,  to  the  port  of  arrival  for  each  and  every  violation 
of  the  provisions  of  this  section,  such  latter  sum  to  be  delivered  by  the 
collector  of  customs  to  the  alien  on  whose  account  assessed.  It  shall 
also  be  unlawful  for  any  such  person  to  bring  to  any  port  of  the  United 
States  any  alien  afflicted  with  any  mental  defect  other  than  those  above 
specifically  named,  or  physical  defect  of  a nature  which  may  affect  his 
ability  to  earn  a living,  as  contemplated  in  section  .3  of  this  Act.  and  if 
it  shall  appear  to  the  satisfaction  of  the  Secretary  of  Labor  that  any 
alien  so  brought  to  the  United  States  was  so  afflicted  at  the  time  of 
foreign  embarkation,  and  that  the  existence  of  such  mental  or  physical 
defect  might  have  been  detected  by  means  of  a competent  medical  exam- 
ination at  such  time,  such  person  shall  pay  to  the  collector  of  customs 
of  the  customs  district  in  which  the  port  of  arrival  is  located  the  sum  of 
$25,  and  in  addition  a sum  equal  to  that  paid  by  such  alien  for  his  trans- 
portation from  the  initial  point  of  departure,  indicated  in  his  ticket,  to  the 
port  of  arrival,  for  each  and  every  violation  of  this  provision,  such  latter 
sum  to  be  delivered  by  the  collector  of  customs  to  the  alien  for  whose 
account  assessed.  It  shall  also  be  unlawful  for  any  such  person  to  bring 
to  any  port  of  the  United  States  any  alien  who  is  excluded  by  the  pro 
visions  of  section  3 of  this  Act  because  unable  to  read,  and  if  it  shall 
appear  to  the  satisfaction  of  the  Secretary  of  Labor  that  those  disabilities 
might  have  been  detected  by  the  exercise  of  reasonable  precaution  prior 
to  the  departure  of  such  alien  from  a foreign  port,  such  person  'hall  pa> 
to  the  collector  of  customs  of  the  customs  district  in  which  the  port  of 
arrival  is  located  the  sum  of  $200,  and  in  addition  a sum  equal  to  that 
paid  by  such  alien  for  his  transportation  from  the  initial  point  of  de- 
parture, indicated  in  his  ticket,  to  the  port  of  arrival,  for  each  and 
every  violation  of  this  provision,  such  latter  sum  to  be  delivered  by  the 
collector  of  customs  to  the  alien  on  whose  account  assessed.  And  no 
vessel  shall  be  granted  clearance  papers  pending  the  determination  of 
the  question  of  the  liability  to  the  payment  of  such  fines,  or  while  the 
fines  remain  unpaid,  nor  shall  such  fines  be  remitted  or  refunded 
Provided.  That  clearance  may  be  granted  prior  to  the  determination  of 
such  questions  upon  the  deposit  of  a sum  sufflcient  to  cover  such  fines: 
Provided  further.  That  nothing  contained  in  this  section  shall  be  con- 
strued to  subject  transnortation  companies  to  a fine  for  bringing  to  ports 
of  the  L^nited  States  aliens  who  are  by  any  of  the  provisions  or  exceptions 
to  section  3 hereof  exempted  from  the  excluding  provisions  of  said 
section.” 

Sec.  4.  That  the  fourth  proviso  in  the  third  paragraph  of  section 
3 of  the  Act  of  February  5.  1917,  is  amended  to  read  as  follows: 

“Provided ‘further.  That  skilled  or  domestic  labor,  if  otherwise  ad- 
missible. may  be  imported  if  labor  of  like  kind  unemployed  can  not  be 


8 


found  in  his  country,  and  the  question  of  the  necessity  of  importing  such 
skilled  or  domestic  labor  in.  any  particular  instance  may  be  determined 
by  the  Secretary  of  Labor  upon  the  application  of  any  person  interested, 
such  applications  to  be  made  before  such  importation,  and  such  determina- 
tion by  the  Secretary  of  Labor  to  be  reached  after  a full  hearing  and  an 
investigation  into  the  facts  of  the  case ; And  provided  further,  That  the 
board  shall,  as  to  domestic  labor,  prescribe  the  conditions  and  safeguards 
under  which  such  importation  may  be  had : And  provided  further.  That 
i^  imported  aliens  of  any  given  ethnic  group  arrive  after  the  permissible 
number  of  immigrants  from  such  ethnic  group  has  already  been  admitted, 
they  shall  nevertheless  be  admitted,  but  such  admissions  shall  be  charged 
against  the  permissible  immigration  of  said  ethnic  group  for  the  following 
year.” 

Sec.  5.  That  section  19  of  the  Act  of  February  5,  1917,  is  amended 
by  adding  in  the  eighteenth  line  after  the  words  “ at  any  time?  after 
entry,”  the  following  words : 

“Any  alien  who  shall  be  found  to  be  a professional  or  a habitual 
gambler,  any  alien  who  shall  be  found  to  own,  rent,  or  lease  premises 
used  as  a place  of  gambling,  and  any  alien  employed  in  any  capacity  in 
connection  with  a place  of  gambling.” 

Sec.  6.  That  the  first  five  lines  of  section  29  of  ihe  Act  of  February 
5,  1917,  are  amended  to  read  as  follows: 

“ ^EC.  29.  That  the  President  of  the  United  States  is  authorized, 
in  the  name  of  the  Government  of  the  United  States,  to  call  an  inter- 
national conference,  to  assemble  not  later  than  the  year  1922,  and  in  his 
discretion,  not  oftener  than  decenially  thereafter,  at  such  point  as  may 
be  agreed  upon,  or  to  send  special  commissioners  to  any  foreign  country, 
for  the  purpose  of  regulating  by  international  agreement.” 

Sec.  7.  That  the  fourth  paragraph  of  section  4 of  the  Act  of  June 
29,  1906,  entitled  “An  Act  to  establish  a Bureau  of  Immigration  and 
Naturalization  and  to  provide  a uniform  rule  for  the  naturalization  of 
aliens  throughout  the  L^nited  States.”  is  amended  so  as  to  read  as  follows : 

"Fourth.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court 
admitting  any  alien  to  citizenship  that  immediately  preceding  the  date 
of  his  application  he  has  resided  continuously  within  the  United  States 
five  years  at  least,  and  within  the  State  or  Territory  where  such  court  is 
at  the  time  held  one  year  at  least,  and  that  during  that  time  he  has  behaved 
as  a man  of  good  moral  characer,  attached  to  the  principles  of  the  Con- 
stitution of  the  United  States,  and  well  disposed  to  the  good  order  and 
happiness  of  the  same.  It  shall  also  be  made  to  appear  to  the  satisfaction 
of  the  court  that  said  alien  is  able  to  speak  the  English  language  as 
specified  in  section  8 of  the  Act  of  June  29,  1906.  is  able  to  read  and 
understand  the  textbook  on  citizenship  authorized  by  the  Immigration 
Board,  as  provided  for  in  section  la  19).  of  this  Act,  and  accepts  the 
ideals  and  principles  therein  presented.  In  the  case,  however,  of  aliens 


g 


who  show  themselves  qualified  in  all  other  respects  and  who  on  entering 
the  United  States  were  already  thirty-five  years  of  age  or  over,  or  who 
during  their  residence  in  the  United  States  did  not  live  in  places  providing 
aliens  with  facilities  for  acquiring  the  English  language,  the  requirement 
of  ability  to  read  the  English  language  may  be  waived  at  the  discretion  of 
the  court.  In  addition  to  the  oath  of  the  applicant,  the  testimony  of  at 
least  two  witnesses,  citizens  of  the  United  States,  as  to  the  facts  of 
residence,  moral  character,  and  attachment  to  the  principles  of  the  Consti- 
tution .shall  be  required  and  the  name,  place  of  residence,  and  occupa- 
tion of  each  witness  shall  be  set  forth  in  the  record.” 

Sec.  8.  That  the  Act  of  February  18,  1875.  amending  the  Act  of 
July  14,  1870,  is  amended  to  read  as  follows; 

“The  privilege  of  citizenship  by  naturalization  is  open  to  every  alien 
who  fulfills  all  the  intellectual,  moral,  and  technical  requirements  of  the 
law.” 

Sec.  9.  That  this  Act  shall  take  eflect  and  be  enforced  on  and  after 
its  passage.  All  prior  acts,  or  parts  of  acts  inconsistent  with  any  pro- 
vision of  this  Act,  or  with  any  treaty  obligations  of  the  United  States 
of  America,  are  hereby  repealed  on  and  after  the  taking  effect  of  this  Act. 


10 


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